37 Tex. Admin. Code § 23.42

Current through Reg. 50, No. 1; January 3, 2025
Section 23.42 - Commercial Vehicle Inspection Items
(a) All items of inspection enumerated in this section must be inspected in accordance with the Federal Motor Carrier Safety Regulations, Texas Transportation Code, Chapter 547, and any other applicable state law and department regulation as provided in the DPS Training and Operations Manual prior to the issuance of a passing vehicle inspection report.
(b) All items must be inspected in accordance with inspection procedures found in the DPS Training and Operations Manual, Chapter 6 (Revised January 2025), which is adopted by reference and available at the following website: https://www.dps.texas.gov/internetforms/getForm.ashx?id=VI-87.pdf.
(c) A vehicle inspection report may not be issued for a vehicle equipped with a compressed natural gas (CNG) fuel system unless the vehicle inspector can confirm in a manner provided by subsection (d) of this section that:
(1) the CNG fuel container meets the requirements of Code of Federal Regulations, Title 49, §571.304; and
(2) the CNG fuel container has not exceeded the expiration date provided on the container's label.
(d) The requirements of subsection (c) of this section may be confirmed by any appropriate combination of the items detailed in paragraphs (1) - (3) of this subsection:
(1) Observation of Container Label. The vehicle inspector may confirm the requirement of subsection (c)(2) of this section through direct observation of the expiration date on the container;
(2) Observation of Label at Fueling Connection Receptacle. The vehicle inspector may confirm through direct observation of a label affixed to the vehicle by the original equipment manufacturer or by a certified installer or inspector of CNG systems (as defined in subsection (g) of this section) reflecting that the requirements of subsection (c)(1) or (c)(2) of this section are satisfied; or
(3) Documentation. The vehicle owner may furnish to the vehicle inspector documentation provided by the original vehicle equipment manufacturer or by a certified installer or inspector of CNG systems (as defined in subsection (g) of this section) reflecting that either requirements of subsection (c)(1) or (c)(2) of this section are satisfied.
(e) The owner or operator of a fleet vehicle may, as an alternative to the requirements of subsection (c) of this section, provide proof in the form of a written statement or report issued by the owner or operator that the vehicle is a fleet vehicle for which the fleet operator employs a certified installer or inspector of CNG systems (as defined in subsection (g) of this section).
(f) A copy of the written statement or report provided to the vehicle inspector under subsections (d)(3) or (e) of this section must be maintained in the vehicle inspection station's files for a period of one year from the date of the inspection and made available to the department on request.
(g) Certified installer or inspector of CNG systems: For purposes of this section, a certified installer or inspector of CNG systems is a person licensed by the Railroad Commission of Texas under 16 TAC § 13.61(relating to License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations, and Renewals).

37 Tex. Admin. Code § 23.42

The provisions of this §23.42 adopted to be effective March 13, 2013, 38 TexReg 1701; amended by Texas Register, Volume 40, Number 02, January 9, 2015, TexReg 260, eff. 3/1/2015; Amended by Texas Register, Volume 41, Number 44, October 28, 2016, TexReg 8625, eff. 11/6/2016; Amended by Texas Register, Volume 42, Number 43, October 27, 2017, TexReg 6031, eff. 11/2/2017; Amended by Texas Register, Volume 49, Number 52, December 27, 2024, TexReg 10658, eff. 1/1/2025